**DISCONTINUED** CCJ from Wright Hassall on behalf of Cabot

[nemesis45]

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Thanks @nemesis45,

You are right, I had the same impression. All communication from Wrighthall Solicitors suggests that this will be put through Small Claims or something, without actually addressing any of the facts I stated in my Defence.

I will fill out the N181 Directions Form, and will write a letter to Wrighthall Solicitors. Has anyone filled one of these forms in? its not that straight forward and the unhelpful person at the Court suggested seek legal advice - really?

Will keep all posted.

List any of the questions you are unsure of here and tag me Pos.

nem

[Pos1tive]

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Thanks [MENTION=55034]nemesis45[/MENTION], will attempt it over the weekend

[Pos1tive]

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Hello @nemesis45,

I have emailed the Court, the Directions Questionnaire as they ordered to do so.

In the email I advised:

"With Respect to a County Court Claim (Number: XXXXXXXX) I have been requested to fill out a Directions Questionnaire (Form N180) - Please see attached "".

I am a little confused as to why I have been requested to fill this form in, seen as since I submitted my defence on 10th March 2016 - Timely and accurately (Additionally attached), the Claimant has done nothing to prove there case apart from send me letters that this is going to go to the small claims track and now I've been ordered to give Directions? Please can you clarify the process of a Claim. I believe the Claimant is taking advantage of a system and not complying with my requests as stated in my Defence.

Please can you acknowledge this Email and receipt of the Directions Questionnaire. Should you require anything else from me, please let me know."

Funny enough, yesterday, my father received a letter from Wrighthall Solicitors, with a copy of the Directions Questionnaire they have submitted to. SO I guess they want to go all the way. It really confuses me. the claim is for less than a £1000, and my father is elderely, in poor health, has no Money or Assets and I support him. What are they going to get out of this :colbert:

Will keep all posted. Thanks Legal Beables

[nemesis45]

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Hello @nemesis45,

I have emailed the Court, the Directions Questionnaire as they ordered to do so.

In the email I advised:

"With Respect to a County Court Claim (Number: XXXXXXXX) I have been requested to fill out a Directions Questionnaire (Form N180) - Please see attached "".

I am a little confused as to why I have been requested to fill this form in, seen as since I submitted my defence on 10th March 2016 - Timely and accurately (Additionally attached), the Claimant has done nothing to prove there case apart from send me letters that this is going to go to the small claims track and now I've been ordered to give Directions? Please can you clarify the process of a Claim. I believe the Claimant is taking advantage of a system and not complying with my requests as stated in my Defence.

Please can you acknowledge this Email and receipt of the Directions Questionnaire. Should you require anything else from me, please let me know."

Funny enough, yesterday, my father received a letter from Wrighthall Solicitors, with a copy of the Directions Questionnaire they have submitted to. SO I guess they want to go all the way. It really confuses me. the claim is for less than a £1000, and my father is elderely, in poor health, has no Money or Assets and I support him. What are they going to get out of this :colbert:

Will keep all posted. Thanks Legal Beables

Can't what the reply (if any) will be to the e-mail Pos.

Court staff cannot give you legal advice.

nem

[Pos1tive]

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Hi [MENTION=55034]nemesis45[/MENTION]

Yes I realised after having seen something on the Letter from the court about it, that the court staff cannot give legal advise etc.

In any case, I will be representing my Father if I have to go to court. Is that ok to? And not appoint a Solicitor etc?

Have a lovely Monday All!

[MIKE770]

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

you make application to represent him! Nemisis45 probably knows the necessary form!

[Pos1tive]

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Hi [MENTION=1937]nemisis[/MENTION]45,

What form do I need to fill out as [MENTION=3599]MIKE770[/MENTION] has mentioned to represent my father?

I'm still so confused as to why Wrighthall are pursuing this

[nemesis45]

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Hi @nemisis45,

What form do I need to fill out as @MIKE770 has mentioned to represent my father?

I'm still so confused as to why Wrighthall are pursuing this

Pos,

Take a look online at Litigation Friend, and Mackenzie Friend Re: Representing another in court .

nem

[Pos1tive]

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Hello All, [MENTION=55034]nemesis45[/MENTION] [MENTION=49370]Kati[/MENTION] [MENTION=5553]charitynjw[/MENTION] and [MENTION=3599]MIKE770[/MENTION],


Having submitted the N180 Form to the Court (Directions Questionnaire), My father has received the following email highlighting Mediation advice.


"Small Claims Telephone Mediation Service
Tel: 01604 795511 - Email: scmreferrals@hmcts.gsi.gov.uk

Claim Number: XXXXXXXX

Parties: CABOT FINANCIAL (UK) LIMITED v XXXXX XXXXX

The above parties have all filed a Directions Questionnaire (N180) and have all requested mediation.


Appointment Time & Date

A one hour telephone mediation appointment has been provisionally booked for between 12:00 and 17:30 on XXst June 2016. Mediation appointments are limited and can only be re-arranged under exceptional circumstances.

Unfortunately we have not been provided with a telephone number for yourself.

Please email or call the Mediation Team as soon as possible to provide a telephone number and confirm if you can agree to the terms set out below.

Once ALL parties have been spoken to, you will receive an email confirming the start time of your appointment.

Please contact us as soon as possible as mediation appointments are limited and in high demand. If we do not receive a response from you we may be unable to provide an appointment and your case will be transferred to a local court to be listed for a hearing.

If you want a 3rd party to mediate on your behalf, please contact the Mediation Team in order to authorise their involvement and forward this email to them.

Mediation Requirements

Please read the following statements:

For mediation to be successful there needs to be some flexibility from all parties and a willingness to listen and consider each other’s positions. Can you agree to this?

Yes / No

I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment

Yes / No

I can confirm that I can mediate on the date stated above.
(Mediation appointments are limited and can only be re-arranged under exceptional circumstances).

Yes / No

Mediation is only available to you if you can answer YES to all 3 statements above. If you answer NO to any of the statements, mediation is not suitable for your case and you should contact the Mediation Team to inform them (email is preferable).

How is Mediation Carried Out?

You will be contacted by a Court mediator who is trained to help people settle their disputes. The mediator acts as a ‘go between’ to help both parties try to find a resolution. They do not make decisions, offer legal advice or adjudicate the dispute. The mediator’s therefore do not need to see any supporting evidence prior to mediation.

Mediation is done via telephone but it is not a conference call. The mediator will speak to one party, discuss the case and how they are willing to resolve the matter, then hang up, call the other party and do the same. The mediator will continue to go back & forth between the parties for the hour long session.

If you and the other party come to an agreement, the mediator will draw up a Settlement Agreement confirming what is agreed. The mediator will read the Settlement Agreement to you and it becomes legally binding from the moment you verbally agree to it. Copies of the Settlement Agreement will then be sent to all parties and the Court, this concludes the case. Should the other party breach the terms of the agreement, you can apply to the court to enforce the order.

If no agreement is made after 1 hour, the mediator will end the session and the case will proceed to a hearing to be resolved by a District Judge. Anything mentioned at mediation is confidential and cannot be referred to at a court hearing.

Important Preparation

Please find below some guidance notes that will help you prepare for your mediation appointment. It is important that you read this fully prior to your appointment.

1. You must participate in mediation in good faith, with the intent to reach an agreement. If you attend with no intention of negotiating or compromising, the mediator will terminate the session.

You must be prepared and willing to put your points forward, and to listen to the points raised by the other party.

Top Tip: Spend a few moments making a list of the strengths & weaknesses of your case and think about how & where you are able to compromise.

2. The mediator may call from a blocked or unknown telephone number.

Top Tip: Make sure the number you provided for the mediation session can accept calls from unknown or blocked numbers.

3. If you want a 3rd party to mediate on your behalf, you must contact the Mediation Team by phone or email to authorise their involvement.

Top Tip: The 3rd party must be fully aware of the facts of the case & have a good understanding of how far you are willing to compromise.
You will be legally bound to any agreements the 3rd party makes.

4. Your mediation appointment is limited to 1 hour. You must be free and by the phone for the full hour so that the mediator can contact you.

Top Tip: Make sure you are in a suitable location for the appointment that is free from distractions. The mediator will cancel the appointment immediately if you are driving even if you are using a hands-free device.

5. Everything mentioned at mediation is confidential. The mediator will only pass information to the other party with your authorisation. You cannot record the mediation session. If mediation fails & a hearing is required, you cannot refer to anything discussed at mediation during the hearing.

6. You must be available at the start time of your appointment. If you do not answer the phone or respond to any messages left by the mediator within 10 minutes, the mediator will cancel the appointment.

Top Tip: Have you provided the most suitable telephone number for your appointment? If you are mediating on behalf of a company, have you provided a direct line?

7. The mediator speaks to both parties separately. You may not be the first person contacted so please be aware that there may be a delay before the mediator calls you. If you have not received a call within 15 minutes of your appointment start time, please call the Mediation Team.

If after reading the above you are still unsure whether or not mediation is suitable, or if you have any other queries, please call the Mediation Team on the number below.

Small Claims Mediation Service Contact Details"

My Views:

Now Given My answer to Question:

"I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment"

is NO

Is mediation required? Should I just go straight to Court? Wright Hassall (Being the right hassle they are) have not provided anything I requested in preparation for my Defence, and now this case has taken this route? Please advise what you think is best for my father? I will also inform the Mediation Service that I will represent him, but need to know if there is any point having Mediation, given Wright Hassall has not proved anything in there case and the Mediation Service does not take into consideration anything in my Defence? And my answer to the above is No?

Please advise. Many Thanks as always,
Pos1tive

[MIKE770]

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

The court will expect both parties to go to mediation save as to courts time, if mediation cannot solve i.e. say the claimant has not supplied requested documents etc then mediation will tell the court that mediation could not take place due to claimant not supplying data requested as per requested, the court would then go to the next stage and allocate necessary proceedings,

[Pos1tive]

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Hello [MENTION=3599]MIKE770[/MENTION],

Thanks for your advice. Would you say its advisable for me to Email the Mediation then and explain that the Claimant has not supplied any documents to go to Mediation? Wouldn't it just go to Court then? I am worried that if it goes to Court and they present all I requested, where would I stand?

Pos

[sueham]

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

I think you have to wait for the mediation team to contact you. When they do this is when you tell them that you haven't received the requested documents. I am sure that someone will tell you what to do if they produce the documents in court, which I don't think they will as this will be frowned apon by the judge.

[MIKE770]

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

they will contact you (Mediation), and after that if/when they pass back to the court, the next procedure kicks in just follow what the court ask/says, the documents etc part will be taken care of in statements etc whatever the situation is at the time, they will help you on here, just keep updating the thread

[Pos1tive]

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Hi @Sunnyside,

Many thanks for all the advice above.

I intend to send the following email to Mediation Services if everyone can suggest its ok to? @nemesis45 @Kati @charitynjw, @sueham and @MIKE770

Please see below:

Hello Mediation Service,

Many thanks for advising that there is an opportunity of Mediation.

I would like to authorise my Son Mr XXXXX XXXXX, as a 3rd Party to Mediate in this case. His Contact Number is: XXXXX XXXXXX and email address is XXXXX@yahoo.co.uk, which is the one I am also using.

I am in the unfortunate situation where I cannot meet the following mediation Requirement:

"I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment"

To which My answer is No.

In my defence I emphasis the following points to which the Claimant has never provided:

5. The Claimants Particulars of Claim fail to state when the agreement was entered into.

6. It is denied that Capital One served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant if an agreement existed.

7. On 23rd February 2016, the Defendant sent a request (Signed for Delivery) for inspection of documents mentioned in the claimant's statement of case under Civil Procedure Rule 31.14 to Wright Hassall Solicitors. The Defendant requested the Claimant provide copies of the Agreement and Notice of Assignment.

8. Wright Hassall Solicitors has not sent any of these documents to the Defendant.

9. On 23rd February 2016, a formal request for a copy of the original agreement to Cabot Financial (UK) Limited (Signed for Delivery) pursuant to section [78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

10. The Claimant has failed to comply with [s 78 (1)] Consumer Credit Act 1974 and by virtue of [s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

11. "I requested an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim; however they have failed to do so.

12. Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

13.1 request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

14. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

15. It is denied that the Claimant is entitled to the relief as claimed or at all.

(Please see attached for my Complete Defence sent on 10th March 2016)

I am confused why I was ordered to fill in a Directions Form (N180), I am confused why this should even go to mediation considering the above has not been answered either, so to take me to court without proving the case is eligible for mediation nor court, I would suggest is unfair.

I would appreciate if you can advise me how to go forward with this.

What are your opinions on me sending this email all?

Thanks
POS

[nemesis45]

Re: CCJ from Wright Hassall on behalf of Cabot (Capital One Card Debt sold to them)

Hi @Sunnyside,

Many thanks for all the advice above.

I intend to send the following email to Mediation Services if everyone can suggest its ok to? @nemesis45 @Kati @charitynjw, @sueham and @MIKE770

Please see below:

Hello Mediation Service,

Many thanks for advising that there is an opportunity of Mediation.

I would like to authorise my Son Mr XXXXX XXXXX, as a 3rd Party to Mediate in this case. His Contact Number is: XXXXX XXXXXX and email address is XXXXX@yahoo.co.uk, which is the one I am also using.

I am in the unfortunate situation where I cannot meet the following mediation Requirement:

"I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment"

To which My answer is No.

In my defence I emphasis the following points to which the Claimant has never provided:

5. The Claimants Particulars of Claim fail to state when the agreement was entered into.

6. It is denied that Capital One served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant if an agreement existed.

7. On 23rd February 2016, the Defendant sent a request (Signed for Delivery) for inspection of documents mentioned in the claimant's statement of case under Civil Procedure Rule 31.14 to Wright Hassall Solicitors. The Defendant requested the Claimant provide copies of the Agreement and Notice of Assignment.

8. Wright Hassall Solicitors has not sent any of these documents to the Defendant.

9. On 23rd February 2016, a formal request for a copy of the original agreement to Cabot Financial (UK) Limited (Signed for Delivery) pursuant to section [78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

10. The Claimant has failed to comply with [s 78 (1)] Consumer Credit Act 1974 and by virtue of [s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

11. "I requested an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim; however they have failed to do so.

12. Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

13.1 request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

14. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

15. It is denied that the Claimant is entitled to the relief as claimed or at all.

(Please see attached for my Complete Defence sent on 10th March 2016)

I am confused why I was ordered to fill in a Directions Form (N180), I am confused why this should even go to mediation considering the above has not been answered either, so to take me to court without proving the case is eligible for mediation nor court, I would suggest is unfair.

I would appreciate if you can advise me how to go forward with this.

What are your opinions on me sending this email all?

Thanks
POS

Personally I would not do this,

CCA not complied with so the debt remains unenforceable to date.

I would hate to see you /your son talked into a payment or payment arrangement which is unsustainable and leading you into defaulting on a consent order and getting a CCJ anyway.

The mediation procedure comes prior to the claim being allocated to a hearing /trial date in the hope such a trial will not be needed.
There is not sufficient data prior o this stage to judge the merits of mediation.
At present you have the advantage.

A simple No to mediation because the documents that the claimant intends to rely upon In court is all that is needed.

nem

Agree to mediation is expected if it takes place or not is of no consequence.